II 

Calendar No. 407 

118TH CONGRESS 

2D SESSION S. 3971 

To amend the Small Business Act to require reporting on additional information with respect to small business concerns owned and controlled by 

women, qualified HUBZone small business concerns, and small business 

concerns owned and controlled by veterans, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 19, 2024 

Mr. COONS (for himself and Mr. KENNEDY) introduced the following bill; 

which was read twice and referred to the Committee on Small Business 

and Entrepreneurship 

MAY 23, 2024 

Reported by Mrs. SHAHEEN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Small Business Act to require reporting on 

additional information with respect to small business concerns owned and controlled by women, qualified 

HUBZone small business concerns, and small business 

concerns owned and controlled by veterans, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 3971 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Small Business Con3 tracting Transparency Act of 2024’’. 

4 SEC. 2. REPORT ON SMALL BUSINESS CONCERNS OWNED 

5 AND CONTROLLED BY WOMEN. 

6 (a) IN GENERAL.—Section 8(m) of the Small Busi7 ness Act (15 U.S.C. 637(m)) is amended by adding at the 

8 end the following: 

9 ‘‘(9) REPORT.—Not later than May 1, 2024, 

10 and annually thereafter, the Administrator shall sub11 mit to the Committee on Small Business and Entre12 preneurship of the Senate and the Committee on 

13 Small Business of the House of Representatives a 

14 report on small business concerns owned and con15 trolled by women, which shall include, for the fiscal 

16 year preceding the date of the report, the following: 

17 ‘‘(A) The number of applications for cer18 tification as a small business concern owned 

19 and controlled by women that have sufficient 

20 information for the Administrator to make a 

21 certification determination, disaggregated by— 

22 ‘‘(i) the number of applications cer23 tified; 

24 ‘‘(ii) the number of applications de25 nied; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 3971 RS

1 ‘‘(iii) the number of applications for 

2 which a determination has not been made. 

3 ‘‘(B) The number of concerns certified as 

4 small business concerns owned and controlled 

5 by women by a national certifying entity ap6 proved by the Administrator. 

7 ‘‘(C) The amount of fees, if any, charged 

8 by each national certifying entity for the certifi9 cation described in subparagraph (B). 

10 ‘‘(D) The total dollar amount and total 

11 percentage of prime contracts awarded to small 

12 business concerns owned and controlled by 

13 women pursuant to paragraph (2) or pursuant 

14 to a waiver granted under paragraph (3). 

15 ‘‘(E) The total dollar amount and total 

16 percentage of prime contracts awarded to small 

17 business concerns owned and controlled by 

18 women pursuant to paragraphs (7) and (8). 

19 ‘‘(F) With respect to a contract incorrectly 

20 awarded pursuant to this subsection because it 

21 was awarded based on an industry in which 

22 small business concerns owned and controlled 

23 by women are not underrepresented— 

24 ‘‘(i) the number of such contracts; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 3971 RS

1 ‘‘(ii) the Federal agencies that issued 

2 such contracts; and 

3 ‘‘(iii) any steps taken by Adminis4 trator to train the personnel of each Fed5 eral agency described in clause (ii) on the 

6 use of the authority provided under this 

7 subsection. 

8 ‘‘(G) With respect to an examination de9 scribed in paragraph (5)(B)— 

10 ‘‘(i) the number of examinations due 

11 because of recertification requirements and 

12 the actual number of examinations con13 ducted; and 

14 ‘‘(ii) the number of examinations con15 ducted for any other reason. 

16 ‘‘(H) The number of small business con17 cerns owned and controlled by women that were 

18 found to be ineligible to be awarded a contract 

19 under this subsection as a result of an examina20 tion conducted pursuant to paragraph (5)(B) or 

21 failure to request an examination pursuant to 

22 section 127.400 of title 13, Code of Federal 

23 Regulations, or any successor regulation. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•S 3971 RS

1 ‘‘(I) The number of small business con2 cerns owned and controlled by women that were 

3 decertified. 

4 ‘‘(J) The total number of small business 

5 concerns owned and controlled by women. 

6 ‘‘(K) Any other information the Adminis7 trator determines necessary.’’. 

8 (b) TECHNICAL AMENDMENT.—Section 8(m)(2)(C) 

9 of the Small Business Act is amended by striking ‘‘para10 graph (3)’’ and inserting ‘‘paragraph (4)’’. 

11 SEC. 3. REPORT ON SMALL BUSINESS CONCERNS OWNED 

12 AND CONTROLLED BY QUALIFIED HUBZONE 

13 SMALL BUSINESS CONCERNS. 

14 Section 31 of the Small Business Act (15 U.S.C. 

15 657a) is amended— 

16 (1) by redesignating subsection (f) as sub17 section (g); and 

18 (2) by inserting after subsection (e) the fol19 lowing: 

20 ‘‘(f) REPORT.—Not later than May 1, 2024, and an21 nually thereafter, the Administrator shall submit to the 

22 Committee on Small Business and Entrepreneurship of 

23 the Senate and the Committee on Small Business of the 

24 House of Representatives a report on HUBZone small 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•S 3971 RS

1 business concerns, which shall include, for the fiscal year 

2 preceding the date of the report, the following: 

3 ‘‘(1) The number of applications for certifi4 cation as a qualified HUBZone small business con5 cern that have sufficient information for the Admin6 istrator to make a certification determination, 

7 disaggregated by— 

8 ‘‘(A) the number of applications certified; 

9 ‘‘(B) the number of applications denied; 

10 and 

11 ‘‘(C) the number of applications for which 

12 a determination has not been made. 

13 ‘‘(2) The total dollar amount and total percent14 age of prime contracts awarded to qualified 

15 HUBZone small business concerns pursuant to this 

16 section. 

17 ‘‘(3) The total dollar amount and percent of 

18 sole source contracts awarded to qualified HUBZone 

19 small business concerns under subsection (c)(2)(A). 

20 ‘‘(4) With respect to an examination described 

21 in subsection (d)(5)— 

22 ‘‘(A) the number of examinations due be23 cause of recertification requirements and the 

24 actual number of examinations conducted; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•S 3971 RS

1 ‘‘(B) the number of examinations con2 ducted for any other reason. 

3 ‘‘(5) The number of HUBZone small business 

4 concerns that were found to be ineligible to be 

5 awarded a contract under this subsection as a result 

6 of an examination conducted pursuant to subsection 

7 (d)(5) or a verification conducted pursuant to sub8 section (d)(2). 

9 ‘‘(6) The number of small business concerns 

10 that were decertified as qualified HUBZone small 

11 business concerns. 

12 ‘‘(7) The number of qualified HUBZone small 

13 business concerns. 

14 ‘‘(8) Any other information the Administrator 

15 determines necessary.’’. 

16 SEC. 4. REPORT ON SMALL BUSINESS CONCERNS OWNED 

17 AND CONTROLLED BY SERVICE-DISABLED 

18 VETERANS. 

19 Section 36 of the Small Business Act (15 U.S.C. 

20 657f) is amended by adding at the end the following: 

21 ‘‘(j) REPORT.—Not later than May 1, 2024, and an22 nually thereafter, the Administrator shall submit to the 

23 Committee on Small Business and Entrepreneurship of 

24 the Senate and the Committee on Small Business of the 

25 House of Representatives a report on small business conVerDate Sep 11 2014 04:33 May 24, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S3971.RS S3971

kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•S 3971 RS

1 cerns owned and controlled by service-disabled veterans, 

2 which shall include, for the fiscal year preceding the date 

3 of the report, the following: 

4 ‘‘(1) The total number of small business con5 cerns certified as small business concerns owned and 

6 controlled by service-disabled veterans. 

7 ‘‘(2) The total dollar amount and total percent8 age of prime contracts awarded to small business 

9 concerns owned and controlled by service-disabled 

10 veterans pursuant to this section. 

11 ‘‘(3) The total dollar amount and percent of 

12 sole source contracts awarded to owned and con13 trolled by service-disabled veterans pursuant to sub14 section (c). 

15 ‘‘(4) With respect to an examination described 

16 in subsection (h)(2)— 

17 ‘‘(A) the number of examinations due be18 cause of recertification requirements and the 

19 actual number of such examinations conducted; 

20 and 

21 ‘‘(B) the number of examinations con22 ducted for any other reason. 

23 ‘‘(5) The number of small business concerns 

24 owned and controlled by service-disabled veterans 

25 that were found to be ineligible to be awarded a conVerDate Sep 11 2014 04:33 May 24, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S3971.RS S3971

kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•S 3971 RS

1 tract under this subsection as a result of an exam2 ination conducted pursuant to subsection (h)(2). 

3 ‘‘(6) The number of small business concerns de4 certified as small business concerns owned and con5 trolled by service-disabled veterans. 

6 ‘‘(7) The total number of small business con7 cerns owned and controlled by service-disabled vet8 erans. 

9 ‘‘(8) Any other information the Administrator 

10 determines necessary.’’. 

11 SEC. 5. COMPLIANCE WITH CUTGO. 

12 No additional amounts are authorized to be appro13 priated to carry out this Act or the amendments made 

14 by this Act. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘Small Business Con17 tracting Transparency Act of 2024’’. 

18 SEC. 2. REPORT ON SMALL BUSINESS CONCERNS OWNED 

19 AND CONTROLLED BY WOMEN. 

20 (a) IN GENERAL.—Section 8(m) of the Small Business 

21 Act (15 U.S.C. 637(m)) is amended by adding at the end 

22 the following: 

23 ‘‘(9) REPORT.—Not later than 1 year after the 

24 date of enactment of the Small Business Contracting 

25 Transparency Act of 2024, and annually thereafter, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•S 3971 RS

1 the Administrator shall submit to the Committee on 

2 Small Business and Entrepreneurship of the Senate 

3 and the Committee on Small Business of the House 

4 of Representatives a report on small business concerns 

5 owned and controlled by women, which shall include, 

6 for the fiscal year preceding the date of the report, the 

7 following: 

8 ‘‘(A) The number of applications for certifi9 cation as a small business concern owned and 

10 controlled by women that have sufficient infor11 mation for the Administrator to make a certifi12 cation determination, disaggregated by— 

13 ‘‘(i) the number of applications cer14 tified; 

15 ‘‘(ii) the number of applications de16 nied; and 

17 ‘‘(iii) the number of applications for 

18 which a determination has not been made. 

19 ‘‘(B) The number of concerns certified as 

20 small business concerns owned and controlled by 

21 women by a national certifying entity approved 

22 by the Administrator. 

23 ‘‘(C) The amount of fees, if any, charged by 

24 each national certifying entity for the certifi25 cation described in subparagraph (B). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•S 3971 RS

1 ‘‘(D) The total dollar amount and total per2 centage of prime contracts awarded to small 

3 business concerns owned and controlled by 

4 women pursuant to paragraph (2) or pursuant 

5 to a waiver granted under paragraph (3). 

6 ‘‘(E) The total dollar amount and total per7 centage of prime contracts awarded to small 

8 business concerns owned and controlled by 

9 women pursuant to paragraph (7) or (8). 

10 ‘‘(F) With respect to a contract incorrectly 

11 awarded pursuant to this subsection because it 

12 was awarded based on an industry in which 

13 small business concerns owned and controlled by 

14 women are not underrepresented— 

15 ‘‘(i) the number of such contracts; 

16 ‘‘(ii) the Federal agencies that issued 

17 such contracts; and 

18 ‘‘(iii) any steps taken by the Adminis19 trator to train the personnel of each Federal 

20 agency described in clause (ii) on the use of 

21 the authority provided under this sub22 section. 

23 ‘‘(G) With respect to an examination de24 scribed in paragraph (5)(B)— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•S 3971 RS

1 ‘‘(i) the number of examinations due 

2 because of recertification requirements and 

3 the actual number of examinations con4 ducted; and 

5 ‘‘(ii) the number of examinations con6 ducted for any other reason. 

7 ‘‘(H) The number of small business concerns 

8 owned and controlled by women that were found 

9 to be ineligible to be awarded a contract under 

10 this subsection as a result of an examination 

11 conducted pursuant to paragraph (5)(B) or fail12 ure to request an examination pursuant to sec13 tion 127.400 of title 13, Code of Federal Regula14 tions, or any successor regulation. 

15 ‘‘(I) The number of small business concerns 

16 owned and controlled by women that were decer17 tified. 

18 ‘‘(J) The total number of small business 

19 concerns owned and controlled by women. 

20 ‘‘(K) Any other information the Adminis21 trator determines necessary.’’. 

22 (b) TECHNICAL AMENDMENT.—Section 8(m)(2)(C) of 

23 the Small Business Act (15 U.S.C. 637(m)(2)(C)) is amend24 ed by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

25 (4)’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•S 3971 RS

1 SEC. 3. REPORT ON SMALL BUSINESS CONCERNS OWNED 

2 AND CONTROLLED BY QUALIFIED HUBZONE 

3 SMALL BUSINESS CONCERNS. 

4 Section 31 of the Small Business Act (15 U.S.C. 657a) 

5 is amended— 

6 (1) by redesignating subsection (f) as subsection 

7 (g); and 

8 (2) by inserting after subsection (e) the following: 

9 ‘‘(f) REPORT.—Not later than 1 year after the date of 

10 enactment of the Small Business Contracting Transparency 

11 Act of 2024, and annually thereafter, the Administrator 

12 shall submit to the Committee on Small Business and En13 trepreneurship of the Senate and the Committee on Small 

14 Business of the House of Representatives a report on 

15 HUBZone small business concerns, which shall include, for 

16 the fiscal year preceding the date of the report, the fol17 lowing: 

18 ‘‘(1) The number of applications for certification 

19 as a qualified HUBZone small business concern that 

20 have sufficient information for the Administrator to 

21 make a certification determination, disaggregated 

22 by— 

23 ‘‘(A) the number of applications certified; 

24 ‘‘(B) the number of applications denied; 

25 and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•S 3971 RS

1 ‘‘(C) the number of applications for which 

2 a determination has not been made. 

3 ‘‘(2) The total dollar amount and total percent4 age of prime contracts awarded to qualified 

5 HUBZone small business concerns pursuant to this 

6 section. 

7 ‘‘(3) The total dollar amount and percent of sole 

8 source contracts awarded to qualified HUBZone 

9 small business concerns under subsection (c)(2)(A). 

10 ‘‘(4) With respect to an examination described in 

11 subsection (d)(5)— 

12 ‘‘(A) the number of examinations due be13 cause of recertification requirements and the ac14 tual number of examinations conducted; and 

15 ‘‘(B) the number of examinations conducted 

16 for any other reason. 

17 ‘‘(5) The number of HUBZone small business 

18 concerns that were found to be ineligible to be award19 ed a contract under this subsection as a result of an 

20 examination conducted pursuant to subsection (d)(5) 

21 or a verification conducted pursuant to subsection 

22 (d)(2). 

23 ‘‘(6) The number of small business concerns that 

24 were decertified as qualified HUBZone small business 

25 concerns. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•S 3971 RS

1 ‘‘(7) The number of qualified HUBZone small 

2 business concerns. 

3 ‘‘(8) Any other information the Administrator 

4 determines necessary.’’. 

5 SEC. 4. REPORT ON SMALL BUSINESS CONCERNS OWNED 

6 AND CONTROLLED BY SERVICE-DISABLED 

7 VETERANS. 

8 Section 36 of the Small Business Act (15 U.S.C. 657f) 

9 is amended by adding at the end the following: 

10 ‘‘(j) REPORT.—Not later than 1 year after the date of 

11 enactment of the Small Business Contracting Transparency 

12 Act of 2024, and annually thereafter, the Administrator 

13 shall submit to the Committee on Small Business and En14 trepreneurship of the Senate and the Committee on Small 

15 Business of the House of Representatives a report on small 

16 business concerns owned and controlled by service-disabled 

17 veterans, which shall include, for the fiscal year preceding 

18 the date of the report, the following: 

19 ‘‘(1) The total number of small business concerns 

20 certified as small business concerns owned and con21 trolled by service-disabled veterans. 

22 ‘‘(2) The total dollar amount and total percent23 age of prime contracts awarded to small business con24 cerns owned and controlled by service-disabled vet25 erans pursuant to this section. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•S 3971 RS

1 ‘‘(3) The total dollar amount and percent of sole 

2 source contracts awarded to small business concerns 

3 owned and controlled by service-disabled veterans 

4 pursuant to subsection (c). 

5 ‘‘(4) With respect to an examination described in 

6 subsection (h)(2)— 

7 ‘‘(A) the number of examinations due be8 cause of recertification requirements and the ac9 tual number of such examinations conducted; 

10 and 

11 ‘‘(B) the number of examinations conducted 

12 for any other reason. 

13 ‘‘(5) The number of small business concerns 

14 owned and controlled by service-disabled veterans that 

15 were found to be ineligible to be awarded a contract 

16 under this subsection as a result of an examination 

17 conducted pursuant to subsection (h)(2). 

18 ‘‘(6) The number of small business concerns de19 certified as small business concerns owned and con20 trolled by service-disabled veterans. 

21 ‘‘(7) The total number of small business concerns 

22 owned and controlled by service-disabled veterans. 

23 ‘‘(8) Any other information the Administrator 

24 determines necessary.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•S 3971 RS

1 SEC. 5. COMPLIANCE WITH CUTGO. 

2 No additional amounts are authorized to be appro3 priated to carry out this Act or the amendments made by 

4 this Act. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Calendar No. 407 

118TH CONGRESS 

2D SESSION S. 3971 

A BILL 

To amend the Small Business Act to require recontrolled by veterans, and for other purposes. cerns, and small business concerns owned and women, qualified HUBZone small business con- small business concerns owned and controlled by porting on additional information with respect to 

MAY 23, 2024 

Reported with an amendment 


kjohnson on DSK7ZCZBW3PROD with $$_JOB